HomeMy WebLinkAboutCOUNCIL MINUTES 1994-10-26 28504
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND EIGHTY-THIRD
REGULAR MEETING OF TnE COUNCIL OF THE CITY OF LIVONIA
On October 26, 1994, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by the
President of the Council at 8 02 p m Councilmember Feenstra delivered the
invocation
Roll was called with the following result Fernon P Feenstra,
Michael P McGee, Sean P Kavanagh, Ron Ochala, Laura M Toy, Dale A
Jurcisin, and Gerald Taylor Absent None
Elected and appointed officials present Robert D Bennett,
Mayor; John Nagy, City Planner; Gary D Clark, Assistant City Engineer;
Cathryn K White, Chief Assistant City Attorney; Joan McCotter, City Clerk;
Karen A Szymula, Director of Legislative Affairs; Michael Slater, Finance
Director; Robert J Beckley, Director of Public Works; and Dorothy Wilshaw,
Arts Commission
On a motion by Toy, seconded by Kavanagh, and unanimously*
adopted, it was
#744-94 RESOLVED, that the minutes of the 1, 282nd Regular
Meeting of the Council of the City of Livonia, held October 12,
1994, are hereby approved as submitted
*Councilmembers Feenstra and Toy abstained from voting which is recorded as
a "yes" vote under the provisions of Section 2 04 190B of the Livonia Code
of Ordinances
There was no audience communication at the beginning of the meeting
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#745-94 RESOLVED, that the Council does hereby refer the matter
of whether or not vehicles are being spray painted outside at
Dave' s Custom Collision, 29943 Eight Mile Road, Livonia, to the
Inspection Department for a report and recommendation
, ,
28505
Council President Taylor announced that a new rule has been adopted
regarding new data submitted for Council meetings When new data is asked
for pertaining to matters on the agenda, it is to be submitted at least two
(2) days prior to the voting meeting, otherwise, the item will be removed
from the agenda if new data is asked for and not received
On a motion by McGee, seconded by Kavanagh, and unanimously
adopted, it was
#746-94 RESOLVED, that having considered Petition 94-9-3-8
submitted by William L Roskelly under date of September 22,
1994, wherein a request is submitted for the vacating of a
certain storm sewer easement located in Lots 53 and 54 of Western
Golf Estates Subdivision in the Northeast 1/4 of Section 24, the
Council does hereby refer this item to the City Planning
Commission for action and recommendation in accordance with
provisions of law and City ordinance
#747-94 RESOLVED, that having considered Petition 94-9-3-9
submitted by William L Roskelly under date of September 22,
1994, wherein a request is submitted for the vacating of a
certain easement and/or alley located in the rear of Lots 1
through 4 inclusive of Horton' s Newburgh Subdivision, situated in
the Northeast 1/4 of Section 31, the Council does hereby refer
this item to the City Planning Commission for action and
recommendation in accordance with provisions of law and City
ordinance
#748-94 RESOLVED, that having considered Petition 94-9-3-10
submitted by William L Roskelly under date of September 22,
1994, wherein a request is submitted for the vacating of a
certain storm sewer easement located on Lots 4 and 5 of proposed
Fargo Woods Subdivision, situated in the Northwest 1/4 of Section
2, the Council does hereby refer this item to the City Planning
Commission for action and recommendation in accordance with
provisions of law and City ordinance
#749-94 RESOLVED, that having considered a communication from
the City Assessor, dated September 27, 1994, approved for
submission by the Mayor, with regard to a request from Mr
Willard Ware, 1017 Holbrook, Plymouth, Michigan 48170 and Mr
Charles Riess, 11155 Laurel, Livonia, Michigan 48150, and in
accordance with the provisions of 1967 PA 288, as amended, as
well as Section 18 46 of Ordinance 543, as amended, the Council
does hereby approve of the proposed division and combination of
Tax Item Nos 46 130 01 0012 003 and 46 130 01 0014 003 into two
parcels, the legal descriptions of which shall read as follows
28506
PARCEL 1
East 1/2 of Lots 12 and 13 except the south 8 feet, also except
the east 25 feet of "Supervisor' s Livonia Plat #1" being part of
the east 1/2 of the Northwest 1/4 of Section 33, T 1 S , R 9
E , Livonia Township (now the City of Livonia) , Wayne County,
Michigan, as recorded in Liber 65 of Plats, Page 52, Wayne County
Records
PARCEL 2
East 1/2 of Lot 14 and the east 1/2 of the south 8 00 feet of Lot
13, except the east 25 feet of "Supervisor's Livonia Plat #1"
being part of the east 1/2 of the Northwest 1/4 of Section 33, T
1 S , R 9 E , Livonia Township (now the City of Livonia) , Wayne
County, Michigan, as recorded in Liber 65 of Plats, Page 52,
Wayne County Records
as shown on the map attached to the aforesaid communication which
is made a part hereof by reference; and the City Clerk is hereby
requested to cause a certified copy of this resolution to be
recorded in the Office of the Wayne County Register of Deeds
#750-94 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated October 10,
1994, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby
approve the extension of the existing contracts with Mid-States
Petroleum, Inc , for unleaded gasoline and diesel fuel to
November 21, 1994; FURTHER, the Council does hereby authorize the
purchase of gasoline and diesel fuel for tank wagon metered
(5, 000 gallons or less) through the Tri-County Public Purchasing
Cooperative (TCPPC) from Mid-States Petroleum Inc , 2146
Livernois, P 0 Box 400, Troy, Michigan 48099, for the period
November 21, 1994 through January 31, 1996 for the unit price of
$0 1048 per gallon markup for unleaded regular, unleaded premium
and #2 diesel and the unit price of $0 1248 per gallon markup for
#2 premium diesel; FURTHER, the Council does hereby authorize the
purchase of diesel fuel and gasoline for truck transport
unmetered (9, 000 gallons or more) through the Tri-County Public
Purchasing Cooperative (TCPPC) from Barrick Enterprises, Inc ,
1531 S Woodward, Birmingham, Michigan 48009, for the period
November 21, 1994 through January 31, 1996 for the unit price of
$0 01875 per gallon markup for unleaded regular, unleaded premium
and #2 diesel, and the unit price of $0 03275 markup for #2
premium diesel; FURTHER, the Council does hereby authorize said
purchase without competitive bidding for the reasons indicated in
the aforesaid communication; and such action is taken in
accordance with Section 3 04 140D4 of the Livonia Code of
Ordinances; and the Mayor and City Clerk are hereby authorized to
execute contracts for and on behalf of the City of Livonia with
the aforesaid companies and to do all other things necessary or
incidental to the full performance of this resolution
28507
#751-94 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated
October 10, 1994, approved by the Finance Director and approved
for submission by the Mayor, the Council does hereby approve of
the attached revised compensation plan for staff employed in the
FY ' 95 grants through the Department of Community Resources,
which provides for a rate increase of 2% for the period October
1, 1994 through September 30, 1995, with the only benefit
provided being holiday pay after completion of 480 hours
#752-94 RESOLVED, that having considered the report and
recommendation of the Finance Director, dated October 11, 1994,
approved for submission by the Mayor, with regard to renewal
options for liability and property insurance subsequent to the
expiration of the City' s current liability and property insurance
coverage with Michigan Municipal Risk Management Authority, the
Council does hereby refer this item to the Finance and Insurance
Committee for its report and recommendation
#753-94 WHEREAS, Act 40, Chapter 17, Section 391, of the Public
Acts of the State of Michigan of 1956, as amended, provides the
method and manner that Wayne County Department of Public
Services, through its Director of Public Works, James E Murray,
may vacate a drain under his jurisdiction and control, wherein
such drain is no longer necessary and has ceased to be of public
utility, and
WHEREAS, it has been determined that there is presently a
deficit of $0 00 in that part of the drainage district that is
located in the City of Livonia, and
WHEREAS, this resolution is necessary and in compliance of
Chapter 17, Section 391, of Act 40 of the Public Acts of the
State of Michigan of 1956, as amended, and in the best interest
of the public health, safety and welfare of the citizens of the
City of Livonia,
NOW, THEREFORE, BE IT RESOLVED that the City of Livonia hereby
petitions James E Murray, Director of Public Works, to vacate
the following
All of that part of the Gunn Branch of the Patter Drain,
including Branch "A" thereof, in the North 1/2 of Section
30, City of Livonia, Wayne County, Michigan
since that drain is no longer necessary and has ceased to be of
public utility, and
BE IT FURTHER RESOLVED THAT THIS RESOLUTION be presented to James
E Murray, Director of Public Works, for his action and
consideration
28508
#754-94 RESOLVED, that having considered a communication from
Bogart' s Billiards Cafe, 30282 Plymouth Road, Livonia, Michigan
48150, received by the office of the City Clerk on October 10,
1994, which in accordance with the provisions of Section 19 08 of
Ordinance 543, as amended, the Zoning Ordinance, takes an appeal
from a determination made on October 4, 1994 by the City Planning
Commission in its resolution 10-169-94 with regard to Petition
94-8-2-27 submitted by Bogart' s Billiards Cafe, requesting waiver
use approval to operate a full service restaurant in conjunction
with an existing billiard hall facility located on the north side
of Plymouth Road between Tech Center Drive and Sears Avenue in
the Southeast 1/4 of Section 26, which property is zoned C-2, the
Council does hereby designate Wednesday, November 30, 1994, at
7 00 p m , as the date and time for conducting a public hearing
with regard to this matter, such hearing to be held at the City
Hall, 33000 Civic Center Drive, Livonia, Michigan; and the City
Clerk is hereby requested to do all things necessary in order to
give proper notice in writing, as well as by the publication of a
notice in the City' s official newspaper of such hearing and the
date and place thereof, in compliance with the requirements set
forth in Ordinance 543, as amended, the Zoning Ordinance of the
City of Livonia
#755-94 RESOLVED, that in accordance with the provisions set
forth in Section 4 of Act 207 of the Public Acts of Michigan of
1921, as amended, the City Zoning Act (MSA 5 2934; MCLA 125 584) ,
as well as Article XXIII of Ordinance 543, as amended, the Zoning
Ordinance of the City of Livonia, the Council does hereby
determine that a public hearing will take place before the City
Council of the City of Livonia on Monday, December 5, 1994, at
8 00 p m , at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following item
Petition 94-9-1-20, submitted by the City Planning
Commission, pursuant to Council Resolution 365-94, for a
change of zoning of property located on the north side of
Six Mile Road west of Inkster Road in the Southeast 1/4 of
Section 12 from P to C-2, the City Planning Commission in
its resolution 10-168-94 having recommended to the City
Council that Petition 94-9-1-20 be approved;
FURTHER, the City Clerk is hereby requested to, no less than
fifteen (15) days prior to the aforesaid date of said public
hearing, cause to have a statement indicating the (a) nature
of the proposed amendment to the Zoning Ordinance, and/or
(b) location of the proposed change of zoning as set forth
above, first to be published in the official newspaper of the
City or a newspaper of general circulation in the City of Livonia
as well as to, not less than fifteen (15) days prior to said
public hearing, cause to have notice to be given by certified
mail to each public utility company and to each railroad company
owning or operating any public utility or railroad within the
districts or zones affected; and FURTHER, the City Clerk is
requested to do all other things necessary or incidental to the
full performance of this resolution
28509
A roll call vote was taken on the foregoing resolutions with the following
result
AYES Feenstra, McGee, Kavanagh, Ochala, Toy, Jurcisin, and
Taylor
NAYS None
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
#756-94 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated October 17,
1994, submitted pursuant to Council Resolution 270-94, with
respect to the subject of the exterior appearance of the Cantina
Del Rio restaurant which is located at 19265 Victor Parkway, the
Council does hereby determine to take no further action
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#757-94 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated October 17,
1994, submitted pursuant to Council Resolution 355-94, with
respect to the first renewal of the lease between the City of
Livonia and Bobby's Country House, Inc as provided for in
Section 1 4 of the Sublease Agreement, the Council does hereby
determine to take no further action
On a motion by McGee, seconded by Ochala, it was
#758-94 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated October 17,
1994, submitted pursuant to Council Resolution 355-94, with
respect to the first renewal of the lease between the City of
Livonia and Bobby's Country House, Inc , the Council does hereby
direct the Finance Director to notify the Council of any rent
arrearage which exceeds 60 days
A roll call vote was taken on the foregoing resolution with the following
result
AYES McGee, Ochala, Jurcisin, and Taylor
NAYS Feenstra, Kavanagh, and Toy
The President declared the resolution adopted
28510
On a motion by Toy, seconded by Kavanagh, and unanimously
adopted, it was
#759-94 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated October 17,
1994, submitted pursuant to Council Resolution 593-94, with
regard to the report and recommendation of the City Planning
Commission, dated August 2, 1994, which transmits its resolution
7-136-94, adopted on July 26, 1994, with regard to the revised
building elevations submitted in connection with Petition
92-12-2-57 by Handy Andy Improvement Centers, Inc for the
commercial building located at 13507 Middlebelt Road in Section
26, the Council does hereby concur in the recommendation of the
Planning Commission and approve the revised building elevations
subject to the condition that the security fencing be painted
black and subject to the following additional conditions
1) That the Elevation Plan, defined as Sheet 4 dated 7/6/94, as
revised, by Livonia-Handy Andy is hereby approved and shall
be adhered to; and
2) That the content of the Inspection Department letter dated
July 22, 1994, be incorporated as a further requirement to
be complied with in all respects and that this approval is
contingent upon that compliance
On a motion by Ochala, seconded by Kavanagh, and unanimously
adopted, it was
#760-94 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated October 17,
1994, submitted pursuant to Council Resolution 629-94, in
connection with a communication from the City Planning
Commission, dated June 24, 1994, which sets forth its resolution
6-112-94, adopted on June 21, 1994, with regard to Petition
94-4-1-11 submitted by Angelo Forest and Zef Ivezaj for a change
of zoning of property located on the south side of Eight Mile
Road between Gill Road and Ellen Drive in the Northwest 1/4 of
Section 4 from RUFB to OS and R-3B, and the Council having
conducted a public hearing with regard to this matter on August
15, 1994, pursuant to Council Resolution 499-94, the Council does
hereby reject the recommendation of the Planning Commission and
Petition 94-4-1-11 is hereby denied for the following reasons
1) That the proposed changes in zoning are inconsistent with
the surrounding zoning district in the area;
2) That the proposed change of zoning to the OS district
represents a further encroachment of non-residential zoning
into a residential area; and
3) That the proposed changes of zoning are incompatible to and
not in harmony with the surrounding zoning and uses in the
area
28511
Jurcisin took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 11 02 OF ARTICLE XI
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED
AS THE "CITY OF LIVONIA ZONING ORDINANCE "
(Petition 94-4-6-3)
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES McGee, Kavanagh, Ochala, Toy, Jurcisin, and Taylor
NAYS Feenstra
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Kavanagh took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 18 38 OF ARTICLE XVIII
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS
THE "CITY OF LIVONIA ZONING ORDINANCE "
(Petition 94-4-6-4)
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES Feenstra, McGee, Kavanagh, Ochala, Toy, Jurcisin, and
Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by Jurcisin, seconded by McGee, and unanimously
adopted, it was
#761-94 RESOLVED, that having considered a communication from
Mr Bruce M Berend, Plante & Moran, Certified Public
Accountants, 27400 Northwestern Highway, P 0 Box 307,
INN Southfield, Michigan 48037-0307, dated September 29, 1994, as
well as a communication from the Mayor, dated October 17, 1994,
the Council does hereby determine to retain the firm of Plante &
Moran, Certified Public Accountants, for performing the annual
28512
independent audit of the accounts of the City of Livonia for the
year ending November 30, 1994, as required by the City Charter
and in accordance with the guidelines set forth in the State
Uniform Act 978, P A 2, for a total fee not to exceed $61, 000;
FURTHER, the Council does hereby authorize the said item without
competitive bidding in accordance with Section 3 04 140D2 of the
Livonia Code of Ordinances, as amended
On a motion by Feenstra, seconded by Ochala, it was
RESOLVED, that having considered a communication from
the City Assessor, dated September 23, 1994, approved for
submission by the Mayor, with regard to a request from Mr Shawn
E Kelley of Livonia Development Company, 20765 Parker,
Farmington Hills, Michigan 48336, and in accordance with the
provisions of 1967 PA 288, as amended, as well as Section 18 46
of Ordinance 543, as amended, the Council does hereby refer the
proposed division and combination of Tax Item Nos 46 089 01 0099
000 and 46 089 01 0100 000 into four parcels to the Committee of
the Whole for its report and recommendation
A roll call vote was taken on the foregoing resolution with the following
result
AYES Feenstra and Ochala
NAYS McGee, Kavanagh, Toy, Jurcisin, and Taylor
The President declared the resolution denied
On a motion by Kavanagh, seconded by McGee, it was
#762-94 RESOLVED, that having considered a communication from
the City Assessor, dated September 23, 1994, approved for
submission by the Mayor, with regard to a request from Mr Shawn
E Kelley of Livonia Development Company, 20765 Parker,
Farmington Hills, Michigan 48336, and in accordance with the
provisions of 1967 PA 288, as amended, as well as Section 18 46
of Ordinance 543, as amended, the Council does hereby determine
to deny the request for dividing and combining Tax Item Nos 46
089 01 0099 000 and 46 089 01 0100 000 into four parcels since
the same would be in violation of the City's Zoning Ordinance and
law, as well as for the reason that the proposed lot split would
not be consistent with good planning and zoning practice
A roll call vote was taken on the foregoing resolution with the following
result
AYES Feenstra, McGee, Kavanagh, Toy, Jurcisin, and Taylor
NAYS Ochala
The President declared the resolution adopted
2851 3
On a motion by Feenstra, seconded by Ochala, it was
#763-94 RESOLVED, that the Council does, in accordance with
Section 23 01 (a) of Zoning Ordinance 543, as amended, hereby
request that the City Planning Commission conduct a public
hearing on the appropriateness of the RUF zoning in the area east
of Henry Ruff and south of Five Mile, making up that portion of
the B E Taylor' s Green Acres Subdivision
A roll call vote was taken on the foregoing resolution with the following
result
AYES Feenstra, McGee, Kavanagh, Ochala, Jurcisin, and Taylor
NAYS Toy
The President declared the resolution adopted
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was
#764-94 RESOLVED, that having considered a communication from
the City Assessor, dated September 26, 1994, approved for
submission by the Mayor, with regard to a request from Ms
Kathleen J Trybus, 19823 Purlingbrook, Livonia, Michigan 48152,
and in accordance with the provisions of 1967 PA 288, as amended,
as well as Section 18 46 of Ordinance 543, as amended, the
Council does hereby approve of the proposed division of Tax Item
No 46 006 99 0025 000 into two parcels, the legal descriptions
of which shall read as follows
PARCEL A.
A parcel of land located in the N W 1/4 of Sec 2, T 1 S , R 9
E , City of Livonia, Wayne County, Michigan, described as
beginning at a point on the E & W 1/4 line of said Sec 2
located distant N 89°25' 01" W 200 00 feet from the center of said
Sec 2; thence continuing along said E & W 1/4 line N 89°25' 01"
W 153 61 feet; thence N 00°39' 18" E 133 30 feet; thence S
89°25' 01" E 153 52 feet; thence S 00°37' 04" W 133 30 feet to the
point of beginning Containing 0 47 acres, more or less
Subject to easements and restrictions of record, if any
PARCEL B.
A parcel of land located in the N W 1/4 of Sec 2, T 1 S , R 9
E , City of Livonia, Wayne County, Michigan, described as
beginning at a point on the E & W 1/4 line of said Sec 2
distant N 89°25' 01" W 30 00 feet from the center of said Sec 2;
thence continuing along said E & W 1/4 line N 89°25' 01" W
170 00 feet; thence N 00°37' 04" E 133 30 feet; thence S 89°25' 01"
E 170 00 feet to the west right-of-way line of Purlingbrook Road;
thence along said right-of-way line S 00°37' 04" W 133 30 feet to
the point of beginning Containing 0 52 acres, more or less
Subject to easements and restrictions of record, if any
28514
as shown on the map attached to the aforesaid communication which
is made a part hereof by reference; and the City Clerk is hereby
requested to cause a certified copy of this resolution to be
recorded in the Office of the Wayne County Register of Deeds;
provided, however that this approval is subject to the dedication
of an additional ten (10) feet of right-of-way adjacent to the
two subject parcels; also provided, however, that to the extent
required by law and City ordinance, the action herein is made
subject to the approval of the Zoning Board of Appeals
On a motion by Toy, seconded by McGee, and unanimously adopted,
it was
#765-94 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated October 6,
1994, which bears the signature of the Finance Director and is
approved for submission by the Mayor, the Council does hereby
accept the bid of Allie Brothers, Inc , 20295 Middlebelt,
Livonia, Michigan 48152, for supplying the Department of Public
Works with employee uniforms at the unit prices shown in the
attachment, for a total estimated price of $21, 013 83, the same
having been in fact the lowest bid received and meets all
specifications
On a motion by Kavanagh, seconded by Ochala, it was
RESOLVED, that the Council does hereby refer to the
Committee of the Whole for its report and recommendation the
request from B J 's of Michigan, Inc for a new entertainment
permit to be held in conjunction with a 1994 Class C licensed
business with Outdoor Service (one area) , Official Permits (Food
and Golf) and two bars, for a business located at 36000 Seven
Mile Road, Livonia, Michigan 48152, Wayne County
On a motion by Feenstra, it was
RESOLVED, that the City Council does hereby determine,
in lieu of the foregoing resolution, to substitute a resolution
of denial pertaining to the request for a new entertainment
permit
The motion to substitute failed for lack of support
A roll call vote was taken on the originally proposed resolution, as
follows
#766-94 RESOLVED, that the Council does hereby refer to the
Committee of the Whole for its report and recommendation the
request from B J ' s of Michigan, Inc for a new entertainment
permit to be held in conjunction with a 1994 Class C licensed
business with Outdoor Service (one area) , Official Permits (Food
and Golf) and two bars, for a business located at 36000 Seven
Mile Road, Livonia, Michigan 48152, Wayne County
28515
with the following result
AYES McGee, Kavanagh, Ochala, Toy, Jurcisin, and Taylor
NAYS Feenstra
The President declared the resolution adopted
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#767-94 RESOLVED, that having considered a communication from
the Department of Law, dated October 17, 1994, approved for
submission by the Mayor, submitted pursuant to Council Resolution
357-94, with respect to the appropriate amendatory agreement with
the new tenant, B J 's of Michigan, Inc , to reflect the
assignment and subleasing of the Tavern on the Green Restaurant,
which is located in the clubhouse of Fox Creek Golf Course from
J T L, Incorporated to B J 's of Michigan, Inc , the Council does
hereby refer the matter of the proposed transfer and assignment
of interest in Sublease Agreement in Fox Creek clubhouse
restaurant and proposed Amendment #2 to Sublease Agreement to the
Committee of the Whole for its report and recommendation
On a motion by Feenstra, seconded by Kavanagh, it was
#768-94 RESOLVED, that having considered a communication from
the City Planning Commission dated October 10, 1994, which
transmits its resolution 10-175-94, adopted on October 4, 1994,
with regard to a Sign Permit Application submitted by RJM Sign &
Lighting, requesting approval to erect a wall sign for the
restaurant located at 34359 Plymouth Road in the Northeast 1/4 of
Section 33, the Council does hereby concur in the recommendation
of the Planning Commission and approve the said Sign Permit
Application, subject to the following conditions
1) That the Sign Package by RJM Sign & Lighting received by the
Planning Commission on September 19, 1994 is hereby approved
and shall be adhered to, except for the fact that the
subject sign shall be reduced to no greater than 55 square
feet in area so as to be in compliance with the Zoning
Ordinance requirements, and moved to the edge of the door
for better visibility; and
2) That this approval is subject to the applicant being granted
a variance by the Zoning Board of Appeals
A roll call vote was taken on the foregoing resolution with the following
result
AYES Feenstra, Kavanagh, Ochala, Toy, and Taylor
28516
NAYS McGee and Jurcisin
The President declared the resolution adopted
On a motion by McGee, seconded by Feenstra, and unanimously
adopted, it was
#769-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 7, 1994, which
transmits its resolution 10-171-94, adopted on October 4, 1994,
with regard to Petition 94-9-8-19 submitted by Providence
Hospital, requesting site plan approval in connection with a
proposal to construct a medical clinic on property located on the
southwest corner of Seven Mile and Newburgh Roads in the
Northeast 1/4 of Section 7, pursuant to the provisions set forth
in Section 18 47 of Ordinance No 543, as amended, the Council
does hereby concur in the recommendation of the Planning
Commission and Petition 94-9-8-19 is hereby approved and granted,
subject to the construction of a deceleration lane on Seven Mile
Road and on Newburgh Road as required by the Engineering
Department and the planting of five (5) Austrian pine trees per
lot on the proposed berm, and subject to the following
conditions
1) That the Site Plan received by the Planning Commission on
September 16, 1994 by Nowak & Fraus Corp is hereby approved
and shall be adhered to;
2) That the Landscape Plan, dated October 4, 1994 by MAS
Associates Inc , is hereby approved and shall be adhered to;
and that the landscape materials shall be installed prior to
the issuance of a Certificate of Occupancy and thereafter
permanently maintained in a healthy condition;
3) That the Elevation Plans dated September 29, 1994 by MAS
Associates Inc are hereby approved and shall be adhered to;
4) That the parking spaces for the entire medical clinic shall
be double striped;
5) That the landscape materials shown around the berm shall be
increased to more adequately screen the proposed development
from the neighboring residential homes, such additional
landscaping to be determined by the City Planning
Department; and
6) The lawn area and permanent berm, which will be 30-35' in
width, 5' in height and will be landscaped, are to be
sprinkled and properly maintained at all times
On a motion by Kavanagh, seconded by Feenstra, and unanimously
adopted, it was
28517
#770-94 RESOLVED, that the Council does hereby refer the matter
of the widening of Seven Mile Road from Newburgh Road west to
Victor Parkway to the Mayor and City Engineer to start
negotiations with Wayne County regarding commencement of this
project
On a motion by Ochala, seconded by Toy, it was
#771-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 10, 1994, which
transmits its resolution 10-172-94, adopted on October 4, 1994,
with regard to Petition 94-9-8-20 submitted by S Casadei,
requesting site plan approval in connection with a proposal to
construct a commercial center on property located at 8891
Newburgh Road in the Southeast 1/4 of Section 31, pursuant to the
provisions set forth in Section 18 58 of Ordinance No 543, as
amended, the Council does hereby concur in the recommendation of
the Planning Commission and Petition 94-9-8-20 is hereby approved
and granted, subject to the condition that the monument sign must
be approved by the Council prior to installation, and subject to
the following conditions
1) That the Site Plan defined as number 1 dated October 3, 1994
by Michael A Boggio Assoc is hereby approved and shall be
adhered to;
2) That the Landscape Plan defined as number L-1 dated October
3, 1994 by Michael A Boggio Assoc is hereby approved and
shall be adhered to, and that the landscape materials shall
be installed prior to the issuance of a Certificate of
Occupancy and thereafter permanently maintained in a healthy
condition;
3) That the Elevation Plan defined as number 2 dated October 3,
1994 by Michael A Boggio Assoc is hereby approved and
shall be adhered to;
4) That the parking spaces for the entire shopping center shall
be double striped;
5) That the color of the screen wall shall match, to the extent
possible, the brick color as used on the shopping center
structure;
6) That the hours for trash pickup shall be restricted to the
hours of 8 00 a m to 5 00 p m as committed to by the
petitioner; and
7) That the height of the light poles shall be no more than 18
feet with a base of 2-1/2 feet
A roll call vote was taken on the foregoing resolution with the following
result
28518
AYES McGee, Kavanagh, Ochala, Toy, and Taylor
NAYS Feenstra and Jurcisin
The President declared the resolution adopted
On a motion by Feenstra, seconded by Ochala, and unanimously
adopted, it was
#772-94 RESOLVED, that the Council does hereby refer the matter
of the condition of the two properties located to the north of
8891 Newburgh Road and the possible proposed uses of such parcels
to the Inspection Department for its report and recommendation
On a motion by Jurcisin, seconded by Toy, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated October 10, 1994, which
transmits its resolution 10-173-94, adopted on October 4, 1994
with regard to Petition 94-9-8-21 submitted by Kamp-DiComo
Associates, requesting site plan approval in connection with a
proposal to construct an addition to the auto dealership located
at 32570 Plymouth Road in the Southwest 1/4 of Section 27,
pursuant to the provisions set forth in Section 18 58 of
Ordinance No 543, as amended, the Council does hereby concur in
the recommendation of the Planning Commission and Petition
94-9-8-21 is hereby approved and granted, subject to the
installation of additional landscaping on the property as
recommended and subject to the following additional conditions
1) That the Site Plan received by the Planning Commission on
September 21, 1994 by DiComo Associates is hereby approved
and shall be adhered to;
2) That the Landscape Plan received by the Planning Commission
on September 21, 1994 by DiComo Associates is hereby
approved and shall be adhered to, and that the landscape
materials shall be installed prior to the issuance of a
Certificate of Occupancy and thereafter permanently
maintained in a healthy condition;
3) That the Elevation Plan received by the Planning Commission
on September 21, 1994 by DiComo Associates, is hereby
approved and shall be adhered to; and
4) That no vans shall be allowed to be parked and exhibited in
front of the showroom along Plymouth Road
On a motion by Kavanagh, seconded by McGee, it was
RESOLVED, that the City Council does hereby determine,
in lieu of the foregoing resolution, to substitute the following:
28519
RESOLVED, that having considered a communication from
the City Planning Commission, dated October 10, 1994, which
transmits its resolution 10-173-94, adopted on October 4, 1994
with regard to Petition 94-9-8-21 submitted by Kamp-DiComo
Associates, requesting site plan approval in connection with a
proposal to construct an addition to the auto dealership located
at 32570 Plymouth Road in the Southwest 1/4 of Section 27,
pursuant to the provisions set forth in Section 18 58 of
Ordinance No 543, as amended, the Council does hereby refer this
item to the Committee of the Whole for its report and
recommendation
A roll call vote was taken on the motion to substitute as follows
AYES McGee, Kavanagh, and Ochala
NAYS Feenstra, Toy, Jurcisin, and Taylor
The President declared the motion to substitute denied
A roll call vote was taken on the originally proposed resolution, as
amended, as follows
#773-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 10, 1994, which
transmits its resolution 10-173-94, adopted on October 4, 1994
with regard to Petition 94-9-8-21 submitted by Kamp-DiComo
Associates, requesting site plan approval in connection with a
proposal to construct an addition to the auto dealership located
at 32570 Plymouth Road in the Southwest 1/4 of Section 27,
pursuant to the provisions set forth in Section 18 58 of
Ordinance No 543, as amended, the Council does hereby concur in
the recommendation of the Planning Commission and Petition
94-9-8-21 is hereby approved and granted, subject to the
installation of additional landscaping such as a flower bed and/
or shrubs on the eastern portion of the property as recommended,
and subject to the following additional conditions
1) That the Site Plan received by the Planning Commission on
September 21, 1994 by DiComo Associates is hereby approved
and shall be adhered to;
2) That the Landscape Plan received by the Planning Commission
on September 21, 1994 by DiComo Associates is hereby
approved and shall be adhered to, and that the landscape
materials shall be installed prior to the issuance of a
Certificate of Occupancy and thereafter permanently
maintained in a healthy condition;
3) That the Elevation Plan received by the Planning Commission
on September 21, 1994 by DiComo Associates, is hereby
approved and shall be adhered to; and
28520
4) That no vans shall be allowed to be parked and exhibited in
Lfro:::nt:e:fultthe showroom along Plymouth Road
with the follow
AYES Feenstra, Kavanagh, Ochala, Toy, Jurcisin, and Taylor
NAYS McGee
The President declared the resolution, as amended, adopted
On a motion by Jurcisin, seconded by Kavanagh, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated October 10, 1994, which
transmits its resolution 10-174-94, adopted on October 4, 1994,
with regard to Petition 94-9-8-22 submitted by McDonald' s
Corporation, requesting site plan approval in connection with a
proposal to construct an addition to the restaurant located at
15399 Middlebelt Road in the Southeast 1/4 of Section 14,
pursuant to the provisions set forth in Section 18 58 of
Ordinance No 543, as amended, the Council does hereby concur in
the recommendation of the Planning Commission and Petition
94-9-8-22 is hereby approved and granted, subject to the
installation of additional landscaping on the property and
subject to the following additional conditions
11, 1) That the Site Plan received by the Planning Commission on
September 30, 1994 by McDonald' s is hereby approved and
shall be adhered to; and
2) That the Elevation Plan defined as A-1 dated September 28,
1994 by McDonald's Corporation is hereby approved and shall
be adhered to
A roll call vote was taken on the foregoing resolution with the following
result
AYES Kavanagh and Jurcisin
NAYS Feenstra, McGee, Ochala, Toy, and Taylor
The President declared the resolution denied
On a motion by Kavanagh, seconded by Ochala, and unanimously
adopted, it was
#774-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 10, 1994, which
transmits its resolution 10-174-94, adopted on October 4, 1994,
with regard to Petition 94-9-8-22 submitted by McDonald' s
Corporation, requesting site plan approval in connection with a
28521
proposal to construct an addition to the restaurant located at
15399 Middlebelt Road in the Southeast 1/4 of Section 14,
pursuant to the provisions set forth in Section 18 58 of
Ordinance No 543, as amended, the Council does hereby refer this
item to the Committee of the Whole for its report and
recommendation
On a motion by Toy, seconded by Jurcisin, and unanimously
adopted, it was
#775-94 RESOLVED, that the Council does hereby refer the matter
of the traffic flow from Five Mile Road to the McDonald' s
restaurant located at 15399 Middlebelt Road to the Engineering
Department for its report and recommendation
On a motion by Toy, seconded by McGee, and unanimously adopted,
it was
#776-94 RESOLVED, that pursuant to Section 5, Chapter VII and
Section 1 of Chapter VIII of the Charter of the City of Livonia,
the Council does hereby establish a tax levy of 4 1355 mills, of
the State Equalized Assessed Valuation of all real and personal
property subject to taxation in the City of Livonia for the next
fiscal year commencing December 1, 1994, and ending November 30,
1995, and in addition to the above amount which is authorized to
be levied for general purposes by the Charter of the City of
Livonia
(a) The Council does hereby establish a tax levy of 8271 mills,
of the State Equalized Assessed Valuation of all real and
personal property subject to taxation in the City of Livonia for
the fiscal year set out above, pursuant to Section 1 of Chapter
VIII of the Charter of the City of Livonia, for the purpose of
providing additional revenues for police protection and law
enforcement personnel, equipment, supplies and facilities of the
City of Livonia; in addition to the amount authorized to be
levied for general municipal purposes;
(b) The Council does hereby establish a tax levy of 1 2407
mills, of the State Equalized Assessed Valuation of all real and
personal property subject to taxation in the City of Livonia for
the fiscal year set out above, pursuant to Section 1 of Chapter
VIII of the Charter of the City of Livonia, for the purpose of
providing additional revenues for fire, police and snow removal
personnel, equipment, supplies and facilities of the City of
Livonia; in addition to the amount authorized to be levied for
general municipal purposes;
(c) The Council does hereby establish a tax levy of 8271 mills,
of the State Equalized Assessed Valuation of all real and
personal property subject to taxation in the City of Livonia for
the fiscal year set out above, pursuant to Section 1 of Chapter
VIII of the Charter of the City of Livonia, for the purpose of
28522
providing additional revenues for library services, supplies and
facilities in the City of Livonia; in addition to the amounts
authorized to be levied for general municipal purposes;
(d) The Council does hereby establish a tax levy of 0154 mills,
of the State Equalized Assessed Valuation of all real and
personal property subject to taxation in the City of Livonia for
the fiscal year set out above, pursuant to the provisions of Act
379 of the Public Acts of 1925, for the purpose of advertising,
exploiting and making known the industrial and commercial
advantages of the City of Livonia and to establish projects for
the purpose of encouraging immigration to, and increasing the
trade, business and industries of the City of Livonia; in
addition to the amount which is authorized to be levied for
general municipal purposes,
(e) The Council does hereby establish a tax levy of 2 4813
mills, of the State Equalized Assessed Valuation of all real and
personal property subject to taxation in the City of Livonia for
the fiscal year set out above, pursuant to the provisions of Act
298 of the Public Acts of 1917, for the purpose of establishing,
operating, maintaining and administering the Municipal Garbage
Collection System and/or plant for the collection and disposal of
garbage and refuse in the City of Livonia; in addition to the
amount authorized to be levied for general municipal purposes;
(f) The Council does hereby establish a tax levy of 0445 mills,
of the State Equalized Assessed Valuation of all real and
personal property subject to taxation in the City of Livonia for
the fiscal year set out above, for the purpose of debt retirement
on the 1965 and 1968 Fire Station Bond Issue; in addition to the
amount which is authorized to be levied for general purposes;
(g) The Council does hereby establish a tax levy of 0912 mills,
of the State Equalized Assessed Valuation of all real and
personal property subject to taxation in the City of Livonia for
the fiscal year set out above, for the purpose of debt retirement
on the Park and Recreational Facilities Bond Issue, Series I and
Series II, in addition to the amount which is authorized to be
levied for general municipal purposes;
(h) The Council does hereby establish a tax levy of 2023 mills,
of the State Equalized Assessed Valuation of all real and
personal property subject to taxation in the City of Livonia for
the fiscal year set out above, for the purpose of debt retirement
on the 1978 Street Improvement Bonds, Series III; in addition to
the amount which is authorized to be levied for general municipal
purposes;
(i) The Council does hereby establish a tax levy of 4060 mills,
of the State Equalized Assessed Valuation of all real and
personal property subject to taxation in the City of Livonia for
the fiscal year set out above, for the purpose of debt retirement
on the 1990 Street Improvement Bond, Series I, Series II, Series
28523
III and Series IV, in addition to the amount which is authorized
to be levied for general municipal purposes;
(j) The Council does hereby establish a tax levy of 6115 mills,
of the State Equalized Assessed Valuation of all real and
personal property subject to taxation in the City of Livonia for
the fiscal year set out above, for the purpose of defraying City
expenses and liabilities for the collection and disposal
activities required for curbside recycling and yard waste
composting programs; in addition to the amount authorized to be
levied for general municipal purposes;
(k) The Council does hereby establish, contingent upon the
passage of Proposal 1 by the majority of qualified electors at
the General Election to be held November 8, 1994, a tax levy of
1 mills, of the State Equalized Assessed Valuation of all real
and personal property subject to taxation in the City of Livonia
for the fiscal year set out above, pursuant to Section 1 of
Chapter VIII of the Charter of the City of Livonia for the
purpose of hiring and thereafter maintaining 23 full-paid
non-supervisory patrol officers in addition to the total number
of full-paid non-supervisory police officers existing as of
August 31, 1994 in the City of Livonia; in addition to the amount
to be levied for general municipal purposes;
(1) The Council does hereby establish, contingent upon the
passage of Proposal 2 by the majority of qualified electors at
the General Election to be held on November 8, 1994, a tax levy
of 08 mills, of the State Equalized Assessed Valuation of all
real and personal property subject to taxation in the City of
Livonia for the fiscal year set out above, pursuant to Section 1
of Chapter VIII of the Charter of the City of Livonia for the
purposes of providing additional revenues for adding law
enforcement officers who shall be assigned to streets and roads
duties in the Patrol Division of the Police Department of the
City of Livonia and for their equipment and training needs; in
addition to the amount to be levied for general municipal
purposes;
and provided FURTHER, that the Wayne County Bureau of Taxation,
City Assessor, City Treasurer and City Clerk are hereby
authorized and directed to do all things necessary or incidental
to the full performance of this resolution, and the City Clerk is
hereby requested to immediately transmit copies of this
resolution to each of the above offices
On a motion by Jurcisin, seconded by Ochala, and unanimously
adopted, it was
#777-94 RESOLVED, that the Council hereby determines that the
Annual Budget for the fiscal year as submitted by the Mayor for
the next fiscal year commencing December 1, 1994, and ending
November 30, 1995, as shown in the Budget document in Section I,
28524
submitted by the Mayor to the Council on September 14, 1994,
pursuant to Section 3, Chapter VII of the City Charter, be and
hereby is determined and adopted, as revised, and appropriations
made as provided by the City Charter; provided, however, for the
monthly reports to the Council, the amounts as shown in Sections
III and IV should be used for comparative reporting purposes, and
Council approval is required for any modification to the amounts
shown in Section I, and that all proceedings on said Budget be
and hereby are approved as being in full conformance with the
City Charter, a public hearing having been held on October 10,
1994; after proper notice being published in the Livonia Observer
and Eccentric, the official newspaper of the City on October 3,
1994; and provided FURTHER, that the City Clerk shall publish or
cause to be published this resolution together with a summary of
said Budget as adopted herein, together with the minutes of this
meeting
On a motion by Jurcisin, seconded by McGee, and unanimously
adopted, it was
#778-94 RESOLVED, that in accordance with the provisions of
Chapter 20 of Act 40 of the Public Acts of 1956, otherwise known
as the Drain Code of 1956, and in order to raise the sum
necessary to pay Installment No 30 of the assessment for
improving Livonia Drain No 19, which installment is due April 1,
1995, and to pay the interest on the unpaid balance, which
interest is also due on April 1, 1995; and the Council of the
City of Livonia does hereby determine that there shall be and
does hereby establish a tax levy of 0214 mills, of the State
Equalized Valuation of all real and personal property subject to
taxation to meet and pay the said installment and interest
payment and, in this connection, the City Council does hereby
elect to have such tax levy spread upon the County tax roll; and
the Wayne County Bureau of Taxation, Office of the Wayne County
Drain Commission, City Treasurer, City Assessor and City Clerk
are hereby authorized and directed to do all things necessary or
incidental to the full performance of this resolution, and the
City Clerk is hereby requested to immediately transmit copies of
this resolution to each of the above offices
On a motion by Toy, seconded by Kavanagh, and unanimously
adopted, it was
#779-94 RESOLVED, that having considered a communication dated
October 5, 1994, from the Department of Law transmitting for
Council acceptance two (2) Grants of Easement and one (1) Quit
Claim Deed, more particularly described as
(1) Grant of Easement dated September 29, 1994, executed by John
LS Wheeler, a single man, to the City of Livonia, for
Public Utilities and Surface Drainage Easement
28525
The south six feet of the following parcel of land
Part of Lot 536 of "Supervisor' s Livonia Plat No 9" of part
of the S E 1/4 of Section 30, T 1 S , R 9 E , as recorded
in Liber 66, Page 60 of Plats, Wayne County Records, more
particularly described as follows commencing at the S W
corner of Lot 536, thence N 01°54' 10" W 184 66 feet along
the west line of Lot 536 to the point of beginning; thence
continuing along said west line of Lot 536 N 01°54' 10" W
186 56 feet; thence N 88°05' 50" E 71 52 feet; thence S
01°54' 10" E 186 56 feet along the east line of Lot 536;
thence S 88°0550" W 71 52 feet to the point of beginning
(Sidwell No 120-02-0536-002)
(2) Grant of Easement dated September 29, 1994, executed by John
S Wheeler, a single man, to the City of Livonia, for
Public Utilities and Surface Drainage Easement
The north six feet of the following parcel of land
Part of Lot 536 of "Supervisor' s Livonia Plat No 9" of part
of the S E 1/4 of Section 30, T 1 S , R 9 E , as recorded
in Liber 66, Page 60 of Plats, Wayne County Records, more
particularly described as follows commencing at the S W
corner of Lot 536; thence N 01°54' 10" W 28 09 feet along
the west line of Lot 536 to the point of beginning; thence
continuing along said west line of Lot 536 N 01°54' 10" W
156 57 feet; thence N 88°05' 50" E 71 52 feet; thence S
01°54' 10" E 177 12 feet along the east line of Lot 536;
thence N 75°52' 20" W 74 41 feet along the proposed 60'
R 0 W line of Plymouth Road to the point of beginning
(Sidwell No 120-02-0536-001)
(3) Quit Claim Deed dated September 2, 1994, executed by John S
Wheeler, a single man, to the City of Livonia, for
Part of Lot 536 of "Supervisor's Livonia Plat No 9" of part
of the S E 1/4 of Section 30, T 1 S , R 9 E , as recorded
in Liber 66, Page 60 of Plats, Wayne County Records, more
particularly described as follows commencing at the S W
corner of Lot 536; thence north 01°54' 10" west, 28 09 feet
along the west line of Lot 536 to a point; thence south
75°52' 20" east, 74 41 feet; thence south 01°54' 10" east,
28 09 feet to the S E corner of said Lot 536; thence north
75°52'20" west, 74 41 feet to the point of beginning
(Plymouth Road Right-of-Way - Tax Parcel No 120-02-0536-
001)
the Council does hereby, for and in behalf of the City of
Livonia, accept the aforesaid Grants of Easement and Quit Claim
Deed and the City Clerk is hereby requested to have the same
recorded in the Office of the Register of Deeds and to do all
other things necessary or incidental to fulfill the purpose of
this resolution
28526
On a motion by Jurcisin, seconded by Kavanagh, and unanimously
adopted, it was
#780-94 RESOLVED, that having considered a communication dated
October 13, 1994, from the Department of Law transmitting for
Council acceptance a Grant of Easement, more particularly
described as
Grant of Easement dated June 9, 1994, executed by Steve M
Olenczuk and Kathrine S Dillinder, to the City of Livonia,
for
The east 10 feet of the following parcel of land
Part of the Southeast 1/4 of Section 4, T 1 S , R 9 E ,
City of Livonia, Wayne County, Michigan, more particularly
described as commencing at the south 1/4 corner of said
Section 4; thence north 00°09' 55" east, 215 0 feet along the
north and south 1/4 line of said Section 4 and the
centerline of Gill Road; thence north 89°53' 35" east, 43 00
feet to the point of beginning; thence north 00°0955" east,
124 15 feet along the east line of Gill Road (86 feet wide) ;
thence south 89°50' 05" east, 206 32 feet; thence south
00°09' 55" west, 123 17 feet to the north line of Seven Mile
Road (120 feet wide) ; thence south 89°53' 35" west, 206 32
feet along the north line of Seven Mile Road (120 feet wide)
to the point of beginning (Parcel No 016-99-0009-006)
the Council does hereby, for and in behalf of the City of
Livonia, accept the aforesaid Grant of Easement and the City
Clerk is hereby requested to have the same recorded in the Office
of the Register of Deeds and to do all other things necessary or
incidental to fulfill the purpose of this resolution
On a motion by McGee, seconded by Jurcisin, and unanimously
adopted, it was
#781-94 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution #574-82 so
as to permit consideration of items that do not appear on the
agenda
On a motion by Feenstra, seconded by Jurcisin, it was
#782-94 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated October 19,
1994, submitted pursuant to Council Resolution 277-94 in
connection with Petition 94-2-8-2, submitted by Rally' s
Hamburgers, Inc , requesting site plan approval in connection
with a proposal to construct a structural canopy on the
restaurant located at 33500 Plymouth Road in Section 26, the
Council does hereby determine to take no further action
28527
A roll call vote was taken on the foregoing resolution with the following
result
AYES Feenstra, McGee, Jurcisin, and Taylor
NAYS Kavanagh, Ochala, and Toy
The President declared the resolution adopted
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was
#783-94 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated October 19,
1994, submitted pursuant to Council Resolution 315-94 in
connection with a communication from Councilmember Sean P
Kavanagh, dated April 13, 1994, with regard to the issue of video
machine/slot machine activity at Ladbroke/DRC and a non-binding
referendum to be placed on the November, 1994 ballot, the Council
does hereby determine to take no further action
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
#784-94 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated October 19,
1994, submitted pursuant to Council Resolution 377-94, in
connection with the report and recommendation of the Department
of Law, dated April 19, 1994, to which is attached three
alternative proposed amendments to Paragraph 1 of Section
3 04 140E of the Local Bidders Preference Ordinance, the Council
does hereby refer this item to the Department of Law for
preparation of a proposed ordinance amendment based upon draft
"A" with the additional deletion of Section 3 04 140E2b and the
substitution of the phrase "for at least one calendar year" in
lieu of the phrase "within the past year" in Section 3 04 140E2
of the Local Bidders Preference Ordinance
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
#785-94 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated October 19,
1994, submitted pursuant to Council Resolution 401-94 with regard
to the subject of encroachment of signs, including awnings, on
public rights-of-way, the Council does hereby refer this item to
the Department of Law for preparation of an ordinance amending
Section 12 04 230 of the Livonia Code of Ordinances, as amended,
with respect to awnings, signs and other encroachments in the
public right-of-way and including therein a provision that right-
of-way encroachment relief may be granted only by Council
resolution
28528
On a motion by Feenstra, seconded by McGee, it was
#786-94 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated October 19,
1994, submitted pursuant to Council Resolution 651-94 in
connection with a communication from the City Planning Director,
dated August 25, 1994, which transmits resolution 94-1 adopted by
the Plymouth Road Development Authority on June 2, 1994, with
regard to the bylaws for the Plymouth Road Development Authority,
the Council does hereby approve the bylaws as amended by the
Plymouth Road Development Authority
A roll call vote was taken on the foregoing resolution with the following
result
AYES Feenstra, McGee, Kavanagh, Ochala, Jurcisin, and Taylor
NAYS Toy
The President declared the resolution adopted
On a motion by Jurcisin, seconded by Feenstra, it was
#787-94 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Crucam, Inc ,
dated August 1, 1994, and certain revisions to such Application,
dated October 21, 1994, covering new industrial facilities to be
located within City of Livonia Industrial Development District
No 55; and
WHEREAS, the City Clerk has notified in writing the Assessor of
the City of Livonia as well as the legislative body of each
taxing unit which levies ad valorem property taxes in the local
governmental unit in which the proposed facility is to be
located, i e , the City of Livonia, and advised each of them that
the said Application has been received; and
WHEREAS, the City Council has afforded Crucam, Inc , the
Assessor, and a representative of each of the affected taxing
units an opportunity for a hearing on this Application and said
hearing having in fact been conducted at 7 00 p m , Monday,
October 24, 1994 at the Livonia City Hall, 33000 Civic Center
Drive, Livonia, Michigan
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS
FOLLOWS
1 That the City Council, on the basis of the information
received from the applicant, Crucam, Inc , finds and
determines (a) that the granting of this industrial
facilities exemption certificate shall not have the
effect of substantially impeding the operation of the
28529
local governmental unit or impairing the financial
soundness of any taxing unit which levies an ad valorem
property tax in the local governmental unit in which
the facility is to be located; and (b) the applicant
has fully complied with the requirements of Section 9,
Act No 198, P A 1974, as amended
2 That the City Council hereby approves the Application for
Industrial Facilities Exemption Certificate from Crucam,
Inc (as revised) covering new industrial facilities to be
located within the City of Livonia Industrial Development
District No 55, for 12 years
3 That in accordance with the requirements of Section 22, Act
198, P A 1974, as amended, wherein a Letter of Agreement
between the applicant and the City is required in order to
clarify the understanding and the commitment between the
applicant and the Board upon approval of an Industrial
Facility Exemption Certificate, the Council hereby
authorizes the Mayor and City Clerk to sign such Letter of
Agreement as duly executed by the applicant and incorporate
such Letter of Agreement as part of the documentation
required to process applications for Industrial Facilities
Exemption Certificates
A roll call vote was taken on the foregoing resolution with the following
result
AYES Feenstra, McGee, Kavanagh, Jurcisin, and Taylor
NAYS Ochala and Toy
The President declared the resolution adopted
During the audience communication portion of the meeting, K C
Mueller, 1115 S Main Street, Plymouth, asked for a clarification regarding
the proposed lot split in Item #4
On a motion by Toy, seconded by Kavanagh, and unanimously
adopted, this 1, 283rd Regular Meeting of the Council of the City of Livonia
was adjourned at 9 40 p m , October 26, 1994
1/7/419(1;;11 /
J qn McCotter, City Clerk